News & Analysis as of

Punitive Damages

Locke Lord LLP

LL Surplus Lines Series (Entry 31): ELANY Issues Commentary on NY Cybersecurity Regulation Developments, E&S Diligent Search...

Locke Lord LLP on

The Excess Line Association of New York (“ELANY”) delivered its April 2021 issue of the “E&S Empire Express,” a publication designed to provide an overview of ELANY’s recent activities, including employment changes,...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues AMG Specialty Hospital for Sex Harassment by Chief Clinical Officer

Hospital Company Failed to Protect Former Female Director of Case Management from Hostile Work Environment, Federal Agency Charged - ALBUQUERQUE, N.M. – Albuquerque-AMG Specialty Hospital, LLC and Acadiana Management...more

Allen & Overy LLP

Significant damages judgments highlight the trends of trade secret enforcement in China

Allen & Overy LLP on

The IP Tribunal of the Chinese Supreme Court currently presides over the appeals of all technical IP cases in China. In two recent trade secret judgments, the Supreme Court affirmed the finding of misappropriation and awarded...more

Console and Associates, P.C.

Slip and Fall Accidents During Winter Storms

Slip and Fall Accidents During Winter Storms - While some welcome the winter weather, for most, it’s a major hassle. We all need to walk outside from time to time, and the presence of snow and ice can make something as...more

Hogan Lovells

Highlights of China’s Supreme Court’s new Interpretation on punitive damages in IP cases

Hogan Lovells on

The new Interpretation provides flesh to the bare bones of the provisions on punitive damages contained in China’s specific IP laws, which largely omit details on their specific application....more

U.S. Equal Employment Opportunity Commission...

EEOC Sues DBBH Holdings for Retaliatory Discharge

David’s Trash Service Unlawfully Fired Driver for Discrimination Complaints, Federal Agency Charges - RALEIGH, N.C. – Washington, N.C.-based DBBH Holdings, Inc., operating as David’s Trash Service, violated federal law...more

Perkins Coie

Punitive Damages for Trademark Infringements in China - Developments and Best Practices

Perkins Coie on

China’s punitive damages regime was first introduced under Article 63 of the 2013 Trademark Law (TM Law) of the People’s Republic of China (PRC), which provides guidance to the People’s Courts on the assessment of damages in...more

Husch Blackwell LLP

Illinois Governor Signs 36% Rate Cap On Consumer Loans Into Law

Husch Blackwell LLP on

As forewarned in our January 15, 2021 posting, Illinois Governor J.B. Pritzker has signed into law SB 1792, which takes effect immediately. SB 1792, also known, as relevant here, as the Predatory Loan Prevention Act,...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Virginia IHOP Owner for Sexual Harassment and Constructive Discharge

Restaurant General Manager Sexually Harassed Women, Including Teen Workers, Federal Agency Charges - BALTIMORE – Koerner Management Group, Inc., doing business as IHOP (KMG), a Virginia based corporation that owns 12 IHOP...more

Constangy, Brooks, Smith & Prophete, LLP

The Cons Of The PRO Act

The Protecting the Right to Organize Act of 2021 (also known as the “PRO Act”) is back with its laundry list of organized labor’s most-wanted government handouts. After decades of declining membership, unions see the PRO Act...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

First Circuit Weighs in on ADA’s ‘Single Integrated Employer’ Test and Reckless Indifference Standard for Punitive Damages

In Burnett v. Ocean Properties, Ltd., et al., the First Circuit Court of Appeals upheld a jury verdict for the plaintiff in his failure to accommodate claim under the Americans with Disabilities Act (ADA) and the Maine Human...more

Troutman Pepper

U.S. Magistrate Judge Awards 50% of Attorneys’ Fees After Issuing Remittitur Cutting Damages by 50%

Troutman Pepper on

This case was brought on behalf of a class of 72 female sales professionals employed by clothing retailer John Varvatos Enterprises, Inc. (Varvatos), alleging that Varvatos’s clothing allowance policy, which included giving...more

Husch Blackwell LLP

50 State Update On Pending Legislation Pertaining To Employer-Mandated Vaccinations

Husch Blackwell LLP on

Per recent federal employment law guidance, private employers can generally require employees to get vaccinated for COVID-19 as long as they comply with federal employment laws that prohibit discrimination on the basis of...more

Bilzin Sumberg

Black Franchisees Not Lovin’ It In Ongoing Dispute With McDonald’s Over System Practices

Bilzin Sumberg on

Washington v. McDonald’s USA, LLC, No. 4:21-cv-00367 (N.D. Ohio Feb. 16, 2021) — Herbert Washington, once one of McDonald’s largest Black franchisee owners, filed suit in the District Court for the Northern District of Ohio...more

Proskauer - Minding Your Business

Do All Class Members Have Standing For Mere Statutory Violations? The Supreme Court Will Decide

On March 30, the Supreme Court will hear arguments on whether a damages class action, is permitted by Article III of the Constitution or Rule 23 of the Federal Rules of Civil Procedure where the majority of the class has...more

Pillsbury Winthrop Shaw Pittman LLP

DC Council Passes COVID-19 Pandemic Emergency Workplace Safety Statute

On February 1, 2021, DC Mayor Bowser signed emergency legislation passed by the DC Council, requiring DC employers to “adopt and implement social distancing and worker protection policies to prevent transmission of COVID-19...more

McDermott Will & Emery

$6 Million Verdict Vacated in Flooring Tech Trade Secrets Row

McDermott Will & Emery on

The US Court of Appeals for the 11th Circuit reversed a judgment of trade secret misappropriation because the plaintiff had not proved that the defendant’s duty to maintain the secret arose at the time it acquired the secret....more

WilmerHale

Washington Post Journalist Jason Rezaian on His Iranian Imprisonment

WilmerHale on

WilmerHale Partner David Bowker talks with Jason Rezaian, a journalist with The Washington Post and the paper’s former Tehran bureau chief who was wrongfully charged and convicted by the Iranian government on false claims of...more

Porter Hedges LLP

If You Seek To Limit The Authority Of Your Arbitrators, Your Arbitration Clause Must Be Clear

Porter Hedges LLP on

In 2020, the Fifth Circuit Court of Appeals issued its decision in Soaring Wind Energy LLC (SWE) v. CATIS USA Inc., et al. In that case, the various members of a limited liability company (LLC) entered into an agreement to...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Saint Clare’s Health for Disability Discrimination

Hospital Network Refused to Accommodate New Employee’s Pregnancy-Related Disability And Withdrew Her Job Offer Instead, Federal Agency Charges - NEWARK, N.J. – Saint Clare’s Health, a division of Prime Healthcare Services...more

McGuireWoods LLP

To Win Punitive Damages for Pervasive Conduct in California, Plaintiff Must Specify Wrongdoer

McGuireWoods LLP on

In a recent unpublished opinion, California’s 2nd District Court of Appeal handed down a potentially significant opinion on the application of punitive damages. In Morgan v. J-M Manufacturing Co. (Case. No. B297393), the...more

Bradley Arant Boult Cummings LLP

Smoother Sailing on Summary Judgment: Practical Implications of Florida Adopting the Federal Summary Judgment Standard

Summary judgment in Florida is back in a big way. On the last day of 2020, the Florida Supreme Court announced that, effective May 2021, the Florida summary judgment standard will mirror its federal counterpart. Aligning the...more

U.S. Equal Employment Opportunity Commission...

Northwest Indiana Fast Food Restaurant Sued by EEOC for Disability Discrimination

Fast Food Franchisee Rescinded Job Offer and Refused to Accommodate Applicant with Disability, Federal Agency Charges - INDIANAPOLIS, Ind. – A northern Indiana fast food restaurant violated federal law by rescinding its...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues McLane Northeast for Disability Discrimination

Distribution Company Refused to Interview Applicant Because She was Deaf, Federal Agency Charges - BUFFALO – McLane Northeast, a distribution company with a facility outside Baldwinsville, N.Y., violated federal law by...more

Foley & Lardner LLP

Supreme Court To Consider Actual Injury Requirement for Absent Class Members

Foley & Lardner LLP on

Today, the United States Supreme Court granted a writ of certiorari in Trans Union LLC v. Ramirez. At issue is an eight-figure judgment obtained by a certified class of consumers for statutory and punitive damages based on...more

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JD Supra Privacy Policy

Updated: Apr 27, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

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Collection of Information

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How We Protect Your Information

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Children's Information

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Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
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You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

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California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

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How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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There are different types of cookies and other technologies used our Website, notably:

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JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

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Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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